w w w . L a w y e r S e r v i c e s . i n



Sri Padmavathy Modern Rice Mill, rep by its Prop. B. Gangadharan Puducherry v/s The Managing Director, Puducherry Agro Products, Food & Civil Supplies Corporation Ltd., & Another


Company & Directors' Information:- MODERN INDIA LIMITED [Active] CIN = L17120MH1933PLC002031

Company & Directors' Information:- B. P. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MP1994PTC032994

Company & Directors' Information:- PUDUCHERRY AGRO PRODUCTS FOOD AND CIVIL SUPPLIES CORPORATION LIMITED [Active] CIN = U51909PY1990SGC000700

Company & Directors' Information:- G H AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15143PB1996PTC018159

Company & Directors' Information:- S P P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412DL2004PTC128666

Company & Directors' Information:- S A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2013PTC195653

Company & Directors' Information:- INDIA RICE LTD [Under Liquidation] CIN = U01111KL1994PLC008050

Company & Directors' Information:- B. D. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400WB2009PTC136319

Company & Directors' Information:- D A P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403WB2011PTC157956

Company & Directors' Information:- B. K. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U70101WB1990PTC049682

Company & Directors' Information:- S V M A AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15142TZ2003PTC010834

Company & Directors' Information:- K P M AGRO FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KL2011PTC029050

Company & Directors' Information:- R. B. RICE MILL PRIVATE LIMITED [Active] CIN = U15312UP2008PTC035912

Company & Directors' Information:- J S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15314OR1991PTC002964

Company & Directors' Information:- K E AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314KL2002PTC015782

Company & Directors' Information:- H R B FOOD PRODUCTS PVT LTD [Active] CIN = U15146WB1988PTC045281

Company & Directors' Information:- B M R RICE MILL PRIVATE LIMITED [Active] CIN = U15312OR2010PTC011652

Company & Directors' Information:- AGRO (INDIA) PRODUCTS PRIVATE LIMITED [Active] CIN = U01500DL2013PTC250521

Company & Directors' Information:- W B AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400KA2014PTC073123

Company & Directors' Information:- U B RICE MILL PRIVATE LIMITED [Active] CIN = U15312WB2005PTC103505

Company & Directors' Information:- V D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15400DL2012PTC231717

Company & Directors' Information:- D M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066893

Company & Directors' Information:- D N AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15314UR2005PTC032824

Company & Directors' Information:- P R FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC030483

Company & Directors' Information:- S S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15310MH2003PTC142530

Company & Directors' Information:- B K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15312OR1996PTC004541

Company & Directors' Information:- S P RICE PRODUCTS PVT LTD [Active] CIN = U15312PB1990PTC010403

Company & Directors' Information:- O H P FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U52205DL1999PTC100269

Company & Directors' Information:- K V FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15122DL2007PTC162739

Company & Directors' Information:- N K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PB2010PTC034534

Company & Directors' Information:- K. C. FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15431JK1982PTC000554

Company & Directors' Information:- K I C FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15316DL1979PTC009757

Company & Directors' Information:- R B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15313DL2010PTC202753

Company & Directors' Information:- G RICE INDIA LIMITED [Strike Off] CIN = U15312HP1998PLC022089

Company & Directors' Information:- R K B FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490KL2013PTC033500

Company & Directors' Information:- INDIA AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01300TZ1991PTC003161

Company & Directors' Information:- S B R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01120TN2008PTC070170

Company & Directors' Information:- M P RICE PRIVATE LIMITED [Active] CIN = U15312PB1998PTC021722

Company & Directors' Information:- S K G FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15419UP1991PTC013771

Company & Directors' Information:- B. M. RICE MILL PRIVATE LIMITED [Strike Off] CIN = U15312WB2011PTC162150

Company & Directors' Information:- B H FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15134DL1997PTC084273

Company & Directors' Information:- B S AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U29246WB1995PTC073119

Company & Directors' Information:- R K MODERN RICE MILL PRIVATE LIMITED [Strike Off] CIN = U15312BR2013PTC021456

Company & Directors' Information:- N S FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1992PTC055591

Company & Directors' Information:- S D RICE PRIVATE LIMITED [Strike Off] CIN = U15312PB1999PTC022547

Company & Directors' Information:- S S RICE MILL PRIVATE LIMITED [Active] CIN = U15312UP1998PTC023659

Company & Directors' Information:- H N FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15146UP1990PTC011540

Company & Directors' Information:- V K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15412UP1988PTC010023

Company & Directors' Information:- A J K RICE MILL PRIVATE LIMITED [Strike Off] CIN = U15312WB1996PTC082072

Company & Directors' Information:- S C P AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15400WB2010PTC154344

Company & Directors' Information:- J RICE MILL PVT LTD [Strike Off] CIN = U15312WB1994PTC061993

Company & Directors' Information:- B B AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01111WB1999PTC089962

Company & Directors' Information:- B. R. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MP2020PTC052151

Company & Directors' Information:- J. M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01122UP2007PTC032828

Company & Directors' Information:- D K RICE MILL PRIVATE LIMITED [Active] CIN = U15312OR1997PTC004750

Company & Directors' Information:- P M AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01100MP2010PTC023037

Company & Directors' Information:- G. S. RICE MILL PRIVATE LIMITED [Strike Off] CIN = U23202WB2007PTC119580

Company & Directors' Information:- M. C. AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U74990WB2009PTC135219

Company & Directors' Information:- B M FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15419WB1993PTC060386

Company & Directors' Information:- I K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15412WB1991PTC051852

Company & Directors' Information:- F H E AGRO RICE MILL PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC085808

Company & Directors' Information:- S S V FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15499AP1982PTC003547

Company & Directors' Information:- G M CO RICE MILL PRIVATE LIMITED [Strike Off] CIN = U15312WB2001PTC093159

Company & Directors' Information:- C S T AGRO AND FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490TN2011PTC080763

Company & Directors' Information:- S Q P FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15100MH2003PTC139217

Company & Directors' Information:- F S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15311MH2000PTC126031

Company & Directors' Information:- Z K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400MH2010PTC209818

Company & Directors' Information:- P G AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403WB2009PTC139377

Company & Directors' Information:- V M RICE MILL PRIVATE LIMITED [Strike Off] CIN = U15312WB2010PTC142779

Company & Directors' Information:- M B S FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U01112WB2003PTC096375

Company & Directors' Information:- N D FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15131DL2002PTC115754

Company & Directors' Information:- L. M. AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U15139DL2010PTC207504

Company & Directors' Information:- C K AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01403AP2016PTC098332

Company & Directors' Information:- R J AGRO PRODUCTS INDIA PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC036080

Company & Directors' Information:- C K M FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U51909KL1998PTC012358

Company & Directors' Information:- G M AGRO FOOD PRODUCTS LIMITED [Strike Off] CIN = U15130MH1993PTC071373

Company & Directors' Information:- MODERN FOOD PVT. LTD. [Active] CIN = U52205OR1989PTC002256

Company & Directors' Information:- MODERN PRODUCTS PRIVATE LIMITED [Active] CIN = U74999MH1937PTC002587

Company & Directors' Information:- THE RICE COMPANY INDIA PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109522

Company & Directors' Information:- AGRO PRODUCTS PVT LTD [Strike Off] CIN = U01131OR1983PTC001188

Company & Directors' Information:- G S C FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15316WB1985PTC038398

Company & Directors' Information:- A K G FOOD PRODUCTS PVT LTD [Under Liquidation] CIN = U15412WB1990PTC049789

Company & Directors' Information:- J M D FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15419DL1998PTC097578

Company & Directors' Information:- R L R AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01403TG2012PTC082514

Company & Directors' Information:- J & M AGRO FOOD PRIVATE LIMITED [Active] CIN = U55100BR2013PTC021049

Company & Directors' Information:- MODERN AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01122PB1986PTC006812

Company & Directors' Information:- RICE INDIA (P) LTD. [Strike Off] CIN = U99999DL1998PTC092455

Company & Directors' Information:- R P V AGRO PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U01300TZ1997PTC008071

Company & Directors' Information:- L K FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15200TG2016PTC103411

Company & Directors' Information:- FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15431JK1966PTC000304

Company & Directors' Information:- A V S AGRO-PRODUCTS COMPANY LIMITED [Dissolved] CIN = U74899DL1995PLC070790

Company & Directors' Information:- M R AGRO PRODUCTS PRIVATE LIMITED [Active] CIN = U01400MH2012PTC226708

Company & Directors' Information:- R R FOOD PRODUCTS PRIVATE LIMITED [Active] CIN = U15490PN2015PTC154753

Company & Directors' Information:- A N FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400TG2013PTC091969

Company & Directors' Information:- R V S K FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15490DL2012PTC245851

Company & Directors' Information:- B. U. AGRO-PRODUCTS PRIVATE LIMITED [Active] CIN = U01100GJ2018PTC101009

Company & Directors' Information:- K G Y FOOD PRODUCTS PRIVATE LIMITED [Strike Off] CIN = U15400KA1984PTC005909

Company & Directors' Information:- FOOD PRODUCTS (INDIA) PVT. LTD. [Strike Off] CIN = U15311HR1994PTC032356

Company & Directors' Information:- M K FOOD PRODUCTS PVT LTD [Strike Off] CIN = U15209DL1979PTC009924

    W.P. No. 29259 of 2013 & M.P. Nos. 1 & 2 of 2013

    Decided On, 29 October 2013

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE K.K. SASIDHARAN

    For the Petitioner: C. Prakasam, Advocate. For the Respondents: R1, T.P. Manoharan, Advocate, R2, T. Murugesan, Sr.GP (P).



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified mandamus calling for the entire records of the tender notification issued by the respondent in Advt No.1-1/SBR/Tender/PAPSCO/2013-14(1) dated 11.10.2013 and quash the same and consequently directing the respondent to call for the fresh tenders by removing the unreasonable conditions.)

1. This writ petition is directed against the notification issued by the Puducherry Agro Products, Food & Civil Supplies Corporation Limited (PAPSCO) calling upon the Rice Millers and Traders to submit their bids for supply of 3000 metric tons of rice per month for a period of six months. The procurement is stated to be for the purpose of distribution of free rice to family card holders in the Union of Puducherry.

2. The notification dated 11.10.2013 permitted those Millers/Traders having turn over of Rs.6 Crores per month alone to be eligible for submission of bids. Subsequently, a pre bid meeting was held on 17.10.2013 and a decision was taken to revise the turn over from Rs.6 Crores to Rs.3 Crores per month. The petitioner is aggrieved by the tender condition with respect to the turn over. According to the petitioner, there would be only few bidders who are eligible to take part in the tender in view of the onerous condition.

3. The writ petition is therefore primarily against the condition imposed by Puducherry Agro Products, Food & Civil Supplies Corporation Limited (PAPSCO) with regard to the monthly turn over.

4. During the pendency of the writ petition, I have permitted Puducherry Agro Products, Food & Civil Supplies Corporation Limited (PAPSCO) to open the tenders from the Rice Millers/Traders, but however, they were restrained from confirming the bid.

5. The Puducherry Agro Products, Food & Civil Supplies Corporation Limited (PAPSCO) received bids and a report to that effect was submitted before this Court. Even though the petitioner has come up with the grievance that none of the Millers or Traders from Puducherry would be eligible to take part in the tender on account of the stipulation with regard to turn over, the records produced by PAPSCO proved that there were bidders who qualified for participation in the tender.

6. The only question that arises for consideration is as to whether this Court would be justified in interfering with the tender conditions.

7. The first respondent is a State within the meaning of Article 12 of the Constitution of India. The first respondent issued a notification calling for tenders. The first respondent wanted uninterrupted supply of rice so as to enable the Corporation to supply free rice to the family card holders. The first respondent should be in a position to ensure that the successful bidder would be able to supply rice without any delay or default. It was only for the said purpose, minimum turn over was fixed. It is also a matter of record that the petitioner and Millers and Traders took part in the pre bid meeting and it was only on account of the decision taken in the said meeting, the turn over was reduced from Rs.6 Crores to Rs.3 Crores. The petitioner was also a signatory to the said decision. It was only thereafter the petitioner has come up with this writ petition.

8. The judicial review is essentially against the decision making process. It is not within the province of the Court to give a finding as to whether a particular tender condition is onerous to a particular party. The petitioner has no case that the tender conditions were tailor-made. The Government wanted to ensure that the contractor would supply rice by adhering to the time schedule. It was only for the said purpose certain conditions with regard to turn over was fixed. Since the tender is a time bound one for a period of six months, the first respondent was fully correct in imposing the minimum turn over. The condition cannot be categorised as arbitrary or to defeat the rights of others or made with a view to exclude competition.

9. The Hon'ble Supreme Court in (2013) 7 Supreme Court Cases 1 [Arun Kumar Agrawal Vs. Union of India and others] observed that the Court cannot sit in judgment over commercial or business decision taken by the State or its instrumentalities, which has been duly taken after evaluating and assessing the monetary and financial implications, unless the decision is in clear violation of statutory provisions or is perverse or is taken for extraneous considerations or improper motives.

10. The tender condition with regard to annual turn over was reduced at the instance of the Traders and Millers. Thereafter

Please Login To View The Full Judgment!

, the Millers have submitted their bids. The first respondent found that there were bidders, who would be in a position to supply rice as per the actual requirement. Merely because the petitioner would be ineligible to take part in the tender process cannot be a reason to set aside the tender conditions with regard to eligibility. I do not find merit in the contention taken by the petitioner. 11. In the upshot, I dismiss the writ petition. No costs. Consequently, the connected miscellaneous petitions are closed.
O R